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STATE EX REL. GATER v. BURGESS

No. WD 63392.

128 S.W.3d 907 (2004)

STATE of Missouri ex rel. GATER, Petitioner, v. BURGESS, Warden, Western Reception Diagnostic Correctional Center, Respondents.

Missouri Court of Appeals, Western District.

March 23, 2004.

Attorney(s) appearing for the Case

Ruth Sanders, Kansas City, for petitioner.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa J. Berry, Jefferson City, MO, for respondent.

Before THOMAS H. NEWTON, P.J., PAUL M. SPINDEN and RONALD R. HOLLIGER, JJ.

THOMAS H. NEWTON, Presiding Judge.

Mr. Jerry Gater was convicted on March 27, 1992, in the circuit court of Scott County on three counts of the sale of a controlled substance, and sentenced to eight years in the Department of Corrections (DOC). He was released on parole on December 19, 1998, subject to a variety of conditions. On October 28, 1999, in Jackson County, he was arrested for possession of crack cocaine and trafficking. On April 5, 2000, he was arrested...

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